What is a No Fault Divorce?

Posted on September 27, 2013 by Todd Peterson

The history of marriage and divorce is quite interesting. As many know there was a time when divorce wasn’t even an option, the wedding vow “’til death do us part” was quite literal. However, over time as society changed divorce became a possibility but there still needed to be a good reason for it, you couldn’t just say you wanted a divorce and get one. At common law there were a number of reasons why you could get a divorce such as adultery, desertion, insanity, drunkiness, and so on. Most of these revolved around one of the parties breaking wedding vows or no longer being fit for marriage and this system of divorce aimed at placing fault for the divorce on one party or the other.

Utah’s Divorce Laws

As society has continued to change the need for a “good reason” to get divorced has all but vanished. If you look through most current divorce filings you will see the grounds for divorce in almost every case being irreconcilable differences. What this means is open to interpretation but the effect it has on the divorce system is that fault is no longer important, and that is why divorces in Utah are considered no fault divorces.

A lot of times we’ll get calls from individuals that want a divorce because their spouse has cheated on them and they believe this entitles them to win every issue of the divorce. While infidelity is a terrible thing for anyone to have to go through the justice system does not really put that much weight on the fact that adultery lead to the divorce. The parties will still be treated equally by the court for the most part regardless of the fact that one was unfaithful.

Ogden Divorce Attorney | Helping You Understand the Process

One of the most difficult things about divorce is not knowing what the rules of the game are and that is exactly why you should hire an attorney. At Ogden Divorce Law we try and help you understand the process and set your expectations accordingly. If you know the basic standards by which the process is handled you will be more prepared for the outcomes you obtain and less infuriated by them. Call or email us today for a free consultation to learn more.

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Changing Your Child’s Name in Utah

Posted on September 19, 2013 by Todd Peterson

The names we go by are an interesting phenom, some of us go by the name our parents gave us for our entire life, whether we like it or not. Some of us go by a variation of our name, some names have specific short versions like Bill instead of William and then some people are known by a nickname that has little to nothing to do with their given name. For some people their name can actually cause a lot of grief or for example a parent with a child who has a different last name.

Utah Name Change Process

Having your name changed in Utah is a fairly simply process. One of the most common scenarios that we deal with in petitioning the court to change an individual’s name is with children. For example, changing your child’s last name because the parents have divorced and the new father has adopted the child or the child’s paternal father agrees to the change. In the case of changing a minor’s name the court will consider whether the name changes is in the minor’s best interest. Some of the things that are considered are the minor’s preference, the length of time the minor has gone by their old name, among others.

Ogden Family Law Attorney | Helping with Name Changes

If you are contemplating changing the name of your child then call us today. Our attorney’s can answer all your questions and help you understand the costs and benefits of changing your child’s name. We offer free consultations so there is nothing to lose. Instead of just wondering whether or not you should have your child’s name changed, get some information so you can make an informed decision.

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Utah Child Support Calculator

Posted on September 13, 2013 by Todd Peterson

A marriage is often characterized as a contract, at least by less romantic people, but a divorce is usually not viewed in the same light. The truth is though that a divorce is very much a contract between two people except for a couple little tweaks, one of which is child support and child custody. In a normal contract parties are able to contract into almost any scenario they would like, although courts can be asked to step in if there are problems with the contract the majority of the time parties can put anything they want in the contract. When it comes to divorce, child custody and especially child support contracting parties are not allowed to do as they please. Parties may agree to a custody arrangement but the judge or commissioner will look into that arrangement just to make sure that it is in the best interest of the child. As for child support the parties have virtually no control at all over  what the obligation will be.

How to Calculate Child Support

Instead of allowing parties or a judge to determine what a good child support amount would be in each setting the state has instead set out specific guidelines that calculate an individual’s child support obligation based on incomes and custody arrangement. So the only real way to change child support is to change the inputs, which basically just boils down to changing the custody arrangement by adding more overnights to one party or the other. This is usually not likely to happen in most cases so the result is that parties just have to take child support as something out of their hands.

Child Support Issues in Divorce Actions | Ogden Divorce Attorney

If you are facing a divorce and are unsure of how the process works or what to expect then call Ogden Divorce Law today. We offer free consultations and can help you understand the ins and outs of the divorce system.

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Newlywed Wife Pushes Husband off Cliff

Posted on September 10, 2013 by Todd Peterson

A newlywed wife confessed to pushing her husband face first of a cliff in Glacier National Park just 8 days after getting married. Apparently the couple had dated for approximately two years and while the grooms family had concerns about the bride-to-be, the groom told his family that things would get better after they got married. The couple was on a hike in Glacier National Park and according to the wife’s story they got in an argument about her concerns over making a mistake getting married and she pushed him in the back sending him face first off a cliff and to his death. The wife is not facing federal second degree murder charges. While a divorce or annulment is usually not a pleasant process its much better than the alternative from this story.

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Does a New Attorney in Murdoch Case Really Mean Anything

Posted on September 3, 2013 by Todd Peterson

A couple months ago Ruport Murdoch filed divorce papers to separate from his wife of 14 years, Wendi. His wife of course hired an attorney to defend her in the divorce and then after about a month fired that attorney and hired a new one. After that change of counsel a lot of people speculated that the change meant that things were going to get ugly in the divorce and both parties were going to fight to the bitter end.

Why Hire an Impartial Attorney?

While it’s true that Wendi’s new counsel has represented a host of big named clients in divorces from their rich businessmen husbands, the reality is that the real reason for the change doesn’t really signal anything about what is going to happen in the divorce. Mrs. Murdoch’s former counsel was the attorney that represented her when the couple drafted their initial prenuptial agreement and since that time she has become friends with the Murdochs so a need for a more impartial counsel was necessary. One of the benefits of having an attorney represent you in any type of matter is to have a very logical and a very removed third party to help counsel you on how to proceed without having to deal with all the emotional aspects and connection in a divorce, criminal case, or any other emotional legal matter.

Hiring Your Own Impartial Third Party Counsel

If you are contemplating divorce, or are in a custody battle, or facing protective order charges, or any other family law matter you probably have a very strong emotional connection to your situation. It is very understandable that you should be emotionally connected to your marriage or your kids but the truth is that your emotional connection could cloud your judgment when making very important decisions like what kind of strategy to use in your case. The attorney’s at Ogden Divorce Law understand your situation, we know it can be a very difficult and stressful time and we strive to help relieve that stress as well as make level headed decisions that you won’t regret in the near future. If you have questions about your case please call us today, we offer free consultations and can help get you moving in the right direction after just a few minutes on the phone.

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The Importance of a Proper Financial Declaration

Posted on August 28, 2013 by Todd Peterson

If you are involved in a contested domestic matter, you will likely need to file a financial declaration. In fact, there are time requirements imposed on when your financial declaration may be due. It is not only important to ensure your financial declaration is filed in a timely manner, but it is also important your financial declaration is accurately filled out and that all of the necessary documents are attached. The financial declaration you file in your case may have a huge impact on matters such as alimony, asset division, awarding attorney fees and more.

Impact on Alimony

A few of the primary factors a judge will consider when determining whether or not to award alimony and in what amount, are entirely related to the information you provide on your financial declaration. If you are asking for alimony, the judge will look to your income and your monthly expenses stated on your financial declaration to determine what your need is. Demonstrating a higher need (i.e. not being able to pay all your reasonable bills each month) may lead to a higher alimony award. On the flip side, if you are trying to minimize an alimony award against you, the judge will also being looking at your income and monthly expenses but in a different way. The judge will be trying to determine what your ability to pay is. If you can demonstrate a lower ability to pay (i.e. you are already in the red each month and can’t make your own reasonable bills), your alimony risk may be decreased.

 Help From an Ogden Utah Divorce Attorney

Understanding your legal requirements regarding your financial disclosures and submitting a correct financial declaration can be key. For help in this process you can meet with an Ogden Utah Divorce Attorney at our Ogden Law Firm at your convenience.

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Utah Legal Separation Laws

Posted on August 26, 2013 by Todd Peterson

When most couples hit times of serious marital discord, which they don’t think that they can overcome, they automatically turn to divorce. While divorce is some times the best decision for couple that don’t want to be together any  more the reality is that its not the only option available to them. One option that is not often discussed and is usually dismissed and not very useful is legal separation. It’s true that in a lot of situations legal separation isn’t really going to give the struggling couple what they are looking for, in other situations however it is the perfect opportunity to allow the couple to get some time away from each other without completely throwing away the marriage.

What is a Legal Separation?

Plenty of couples separate every day, the get mad about something have a big fight, and one leaves. This separation may only last a couple hours, it may last years, but it is still technically a separation. The only difference between that and a legal separation is that the court is involved in a legal separation and the courts role is to make the rules of the separation binding. What this means is that a couple going through a legal separation will basically go through the same steps and issues as a divorce, i.e. property division, child custody, child support, but they will remain married. So if the couple really wants to be done with each other then they should just save their time and money and go straight to the divorce. On the other hand, if the couple still wants to hold open the possibility of reconciling then a legal separation provides a very organized route to protect everyone’s interests and rights, by separating property and deciding other issues, while still allowing for the couples to possibly reconcile in the future and return to a sound marriage again.

Ogden Legal Separation Attorney | Serving Northern Utah’s Family Law Needs

If you are having difficulties in your marriage and are unsure what your options are going forward then call Ogden Divorce Law today. We can answer your questions over the phone and help you understand what the benefits of divorce and legal separation are in your situation. Call or email us now for a free consultation.

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Encino Man Asks Court to Lower Alimony

Posted on August 19, 2013 by Todd Peterson
encino-man

Complain all you want about the alimony you have to pay to your ex but I doubt it’s anywhere close to as shocking as $50,000 a month.

The actor Brendan Fraser, most popular for his roles in Encino Man and the Mummy series, is asking the Connecticut court that handled his divorce to now modify the decree. In his divorce from ex-wife Afton Fraser the court ordered that he pay $50,000 a month in alimony. However, the somewhat out-of-work actor is now telling the court that he can no longer make those payments and that he is currently $87,000 in the hole each month and the alimony award is no longer fair. While his divorce has a provision that allows for alimony to be amended if he fails to make over 3 million dollars in a year his ex-wife is claiming that hasn’t happened yet.

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Marital Property in Utah

Posted on August 13, 2013 by Todd Peterson

The second biggest dispute in Utah divorces after issues concerning the children are issues concerning property. There are a number of factors that encourage couples to fight over property, it may be because of greed, or they don’t want the other person to have it, or because they actually want or need the item. Whatever the reasoning is for the fight the reality is that there is often a fight and if the parties can’t come to an agreement as to how to divide their property then the judge will make the decisions for them and that decisions is usually a fair and equitable distribution which roughly means half and half.

The Basis for Dividing Property in Northern Utah Divorces

The process that a court uses to divide property in a divorce starts with identifying what is called the marital estate. What this means is that the court will first define all the property that is owned by the marriage, this includes all property acquired during the marriage or that was paid for by marital assets. Items that are non-marital property include property owned before the marriage, or property that was received by gift or inheritance during the marriage. These non-marital property items are not included in the marital estate and are awarded to the party who owned them before the marriage or received them as a gift or inheritance. The rest of the property is then divided fairly and equitably, the judge decides what is fair and equitable but it usually ends up being a close to 50/50 split.

Getting help with your Property Division Fight | Ogden Divorce Attorney

If you are going through a divorce or are about to then it is a great idea to have an experienced divorce attorney helping you understand your rights and educating you in the divorce process so you can make informed decisions. Call or email us at Ogden Divorce Law today to get your questions answered and receive the help you need.

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Utah Paternity Suits

Posted on August 5, 2013 by Todd Peterson

In today’s world societies conventions are much less strict when it comes to not getting married and “shacking up” instead. With rising divorce rates and the difficulties that come with ending a marriage it makes sense why there is so much trepidation when it comes to tying the knot. While divorce may scare some people away from getting married that does not keep them from having to deal with divorce like issues if they do end up having a child with another person and then splitting up. If a couple has a child together and then decides that they are going to end their relationship then a divorce won’t work if they were not married and that is why there is the option of a paternity suit in Utah.

Establishing Paternity and Fighting for Custody

With how the law is set up in Utah the father in an unmarried relationship must take legal action to establish that he is the father of his child. This legal action is called a paternity suit or a paternity action and it is sometimes described as a divorce without the marriage. There are two main parts of a paternity action, the first being the establishment of paternity and the second being the judgment concerning custody and other rights pertaining to the children.

Ogden Family Law Attorney | Finding Representation for your Paternity Suit

If you have a child with your significant other but are not married and are thinking of splitting up then it is important you contact an attorney at Ogden Divorce Law to understand your rights and how to protect your parental rights like being able to see your child on a regular basis. Our experienced family law attorney’s serve all of Northern Utah and can help answer your questions as well as fight to keep you in your child’s life.

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